CIV 4 Further Arguments & Appeals Lecture Notes PDF

00:01 This is the lecture on further arguments and appeals. 00:07 There are two main topics for this lecture. First, the process for making further arguments to a court after that court is decided on a matter. Further arguments entail making arguments to the same court. You are not going to a hig...

00:01 This is the lecture on further arguments and appeals. 00:07 There are two main topics for this lecture. First, the process for making further arguments to a court after that court is decided on a matter. Further arguments entail making arguments to the same court. You are not going to a higher level court. The other main topic is the procedure for appeals. An appeal is a process by which you ask a higher level court to intervene and overrule or vary a decision of a lower court. There are a number of subtopics that we\'ll cover under the topic of appeals, which I will outline later. 00:39 Let\'s deal with the first main topic for this lecture which concerns the process for making further arguments to the same court after that court has issued its decision on the matter. We\'ll cover this first topic quite quickly. 00:53 First, for further arguments for matters before the State Courts, please see the Procedure Outline in paragraph 81 of the State Courts Practice Directions 2021. Essentially, you will need to file a form known as a Request for Further Arguments that is to be addressed to the Registrar of the State Courts. The request must state certain prescribed matters as outlined in paragraph 51, including the actual proposed further arguments and must include a copy of each authority that is cited. 01:22 Next let\'s look at the process for making further arguments to a judge sitting in the General Division of the High Court. There is a statutory framework for making such further arguments. For the framework you will see Section 29B of the Supreme Court of Judicature Act. The first point to note is that Section 29B only applies to decisions of a judge in the General Division who decides any matter in its original or palatable jurisdiction 01:52 trial of an action. This means for decisions after a trial, you cannot rely on the procedure in section 29b to request further arguments. Short of that, for every other type of decision made by the judge, you may make a request for further arguments before the judge. 02:08 Next, please note that you must make a request for further arguments before you file the Notice of Appeal. You must also make a request before the earlier of the two dates mentioned in Section 29B2 of the Civil Court Adjudicature Act, which are first, the time when the judgmental order in question is extracted, or second, the 15th day after the date of the decision. The first event, the extraction of the judgmental order, refers to the formalisation of the 02:38 court or judgment bearing the seal of the court. 02:42 If the judge hears further arguments, the judge may affirm, vary or set aside his decision. You should also note that the making of a request for further arguments has implications on the timeline for repealing. For that, please read Section 29B4 carefully. Next, as for the procedure for making a request for further arguments, please see Order 18, Rule 28 of the Rules of Court 2021, which is to be read with paragraph 112 of the Supreme Court Practice Directions 2021. 03:12 The request must be made via the electronic filing system and it must set out the same list of matters as a request for further arguments to the state courts. So for example, you need to set out the proposed further arguments and include a copy of the authorities you are citing. Once you have filed the request, the registrar will let you know within 14 days whether or not the court requires further arguments. If there is no response within 14 days, it will be deemed that the judge does not require 03:42 Turning next to further arguments before the Appellate Division of the High Court and the Court of Appeal, the position is quite straightforward and is set out in the two provisions mentioned on the slide. Essentially, the general position is that the Appellate Division and the Court of Appeal will not hear further arguments after the Court has heard arguments and has reserved its decision and after the Court has given its decision. This general position applies unless the Court otherwise directs. 04:12 To conclude the first main topic for this lecture with a quick point on the evidence that you may refer to in support of your further arguments to court, you can of course refer to existing evidence that was placed before the court before it reached its decision. The question is whether you can refer to new or further evidence that was not placed before the court. This question was answered by the Court of Appeal in the case mentioned on the slides. Essentially, you may only refer to further evidence in support of new arguments that 04:42 It is not permissible to refer to new evidence if the new evidence is simply being used to support or strengthen the arguments that were previously made to the Court. That\'s the bottom line position. Please do read the case to understand the rationale for the approach set out by the Court of Appeal in the decision quoted on the slides. 05:02 Let\'s turn next to the second main topic for this lecture, which concerns appeals. We are concerned here with how you may go about challenging the decision of a court before a higher level court. 05:15 This is the scope of this part of the lecture. We will begin with an overview of how the two chapters on appeals in the Rules of Court 2021, namely Order 18 and Order 19, are structured. Next, we will consider the general provisions that apply to all tiers of appeal. The remainder of the lecture will then cover the procedures for the different tiers of appeals. Consider the procedure for appealing decisions made by the State Courts. 05:45 Division of the High Court. Next also within the Supreme Court, we\'ll consider the process of appealing from a judge in the General Division to the Appellate Division of the High Court or the Court of Appeal. And finally we\'ll consider the Avenue for Appealing, a decision of the Appellate Division to the Court of Appeal. 06:05 Let\'s first look at the structure of the Rules of Code 2021 Appeals chapters. 06:13 There are two chapters in particular, as I mentioned, they are Order 18 and Order 19, which govern appeals. Any given appeals govern by either Order 18 or Order 19. On this slide, I\'ve set out the types of appeals that are governed by Order 18. On the box you see at the left and on the box you see at the right are the types of appeals that are governed by Order 19. Generally speaking, Order 18 is meant for less complex appeals, 06:43 filed within an action. This refers essentially to decisions on interlocutory matters such as document production, striking out and so on. Order 18 also applies to appeals from decisions of a registrar as well as appeals from decisions of a district judge or magistrate on an originating application. As you know from previous lectures, originating applications are the simpler of the two modes of commencing proceedings. Essentially, the court proceeds on the basis of affidavits and submissions only. 07:13 Order 18 also applies to appeals from summonses filed within Order 18 or Order 19 appeals. This refers essentially to interlocutory applications filed within an appeal. Order 18, as we shall see later in this lecture, provides for a much more streamlined process for the appeal. Essentially, all that is required is for the parties to file written submissions and bundles of authorities. The timelines are therefore much shorter. So that\'s what Order 18 covers. 07:43 hand side of the slide, the list of matters that come within the scope of Order 19. They are essentially appeals of a more complex nature which require more documentation to be prepared and therefore the timelines are longer. Order 19, for example, covers appeals such as appeals from judgements of district judges and magistrates from originating claims which require trial. Appeals from judgements of judges of the general division of the High Court. 08:13 also applies to appeals from judgements of the Appellate Division of the High Court to the Court of Appeal as well as from tribunals to the Appellate Division of the High Court or the Court of Appeal and also to appeals from the Medical Registration Act disciplinary proceedings which are to be heard by three judges of the General Division of the High Court. So to summarize again Order 18 provides for a more streamlined process not much documentation has to be prepared and filed appeal the timelines are hence shorter 08:43 Therefore, as you can imagine, it\'s limited to, it\'s applicable to simpler matters. Order 19 is for appeals from decisions reached after a more protracted process. The documentation that you need to prepare and file in the appeals, therefore more extensive, the timelines for the appeal process are therefore longer under Order 19. 09:06 On this slide I\'ve set out how each order is organised. Order 18 is organised into five divisions. Division 1 of Order 18 contains general provisions that are applicable to all the tiers of appeals that are governed by Order 18. Division 2 then sets out the procedures that apply in an Order 18 appeal from the registrar of the state courts to a district judge. This is an appeal within the state court system. Next, Division 3 concerns an Order 18 appeal. 09:36 that is brought from a district judge or magistrate to the General Division of the High Court. Division 4 is concerned with an Order 18 appeal within the Supreme Court from the registrar to a judge sitting in the General Division of the High Court. Then finally Division 5 is concerned with an Order 18 appeal that is brought from the General Division of the High Court to the Appellate Division or the Court of Appeal. 10:00 Turning next to Order 19, that order is divided into four divisions. Division 1, again, sets out general provisions that apply to all tiers of appeal that are governed by Order 19. Division 2 contains provisions specifically for Order 19 appeals from a district judge or magistrate in the state courts to the General Division of the High Court. Division 3 then contains the provisions that apply specifically to Order 19 appeals from a judge sitting in the General Division of the High Court. 10:30 to the Court of Appeal or the Appellate Division, as well as for further appeals from the Appellate Division of the High Court to the Court of Appeal. Finally, Division 4 contains provisions on appeals from a medical registration, the District Tribunal, to the General Division of the High Court constituted by three judges sitting in the General Division of the High Court. 10:52 next consider some general provisions and considerations that are applicable to all the tiers of appeal. 11:03 Let\'s begin with some fundamental considerations to apply whenever you wish to appeal regardless of the level of court that you are in. You need to first consider whether there is a right to appeal to begin with. For example, if you are at the APEC level of court, there is obviously no other right of appeal that you can exercise. Also statutory restrictions on the right to appeal. See for example the fourth schedule to the Supreme Court of Judicature Act which sets out certain decisions of the general division which are not appealable. 11:33 If you have a right of appeal, you need to next consider whether you need to first apply for permission to appeal before bringing the actual appeal. We\'ll cover what it means to obtain permission to appeal later on when we discuss appeals from the General Division of the High Court here to the Appellate Division of the High Court or the Court of Appeal. Third, you need to know how to commence an appeal or application for permission to appeal. This is quite straightforward for an appeal. The appeal just commence by filing in the 12:03 as we shall see later. So the application for permission to appeal is to be commenced by filing an originating application in the appellate court where permission is to be solved from the appellate court and we will look at the procedure later on. And fourth, you need to consider how much time you have to appeal and the different timelines that apply depending on the type of matter that is being appealed. 12:29 The fifth point to consider is when the time for appealing starts to run. If your appeal is filed under and governed by Order 18, you need to look at Order 18, Rule 3. If your appeal is governed by Order 19, you need to look at Order 19, Rule 4, to determine when the time for appealing starts to run. Both sets of rules state essentially the same thing. The time for appealing, as well as the time for applying for permission to appeal, 12:59 has decided all matters including the issue of costs unless the court orders otherwise. Thus if the lower court has for example decided on the substance of the application of the trial but has not yet decided on the costs, you cannot file your appeal or application for permission to appeal if permission is required just yet. You need to first wait for the lower court to decide on all issues first. It should also be noted that the lower court\'s decision that costs are to 13:28 regarded as a determination of the issue of costs and will deal with blood assessment means in the lecture on costs. 13:37 There are also certain other matters of detail that apply where the matter that is being appealed is a Single Application Pending Trial or SAPT. I will leave you to read Order 18, Rule 3.2 by yourself. The provisions may appear complicated at first glance, but you just need to read them carefully. The sixth matter can be stated quite quickly. The position for both Order 18 and Order 19 appeals is that the filing of an appeal does not stay the enforcement of the lower court\'s order. 14:07 or judgment unless either the lower court or appellate court orders otherwise. What this means is that the default position is that the lower court\'s order or judgment continues to have full effect unless the lower or appellate court orders otherwise. This means that you can enforce your judgment or order even while an appeal is pending unless you get an order to depart from this default position. We\'ll cover in another lecture the avenues for enforcing an order or judgment. 14:37 to know there is an avenue for obtaining a quick resolution of your appeal, whether it\'s urgency or if there\'s some special reason why you need a quick resolution. I\'ll leave you to read the provisions mentioned on the slide. They are framed quite broadly. Both the Little Court and the Appellate Court have wide powers to order an expedited appeal, whether it\'s urgency or special reason. The powers extend to dispensing with compliance with any of the provisions in the rules of court or the practice directions or to modify any provision. 15:06 Thanks for watching! 15:10 Next, let\'s look at appeals from the state courts. 15:16 The first tier of appeals that we are considering here are appeals from decisions made in the State Courts. There are broadly three categories of appeals from decisions of the State Courts. Two of the three categories of appeals are filed as Order 18 appeals and the third category is filed as an Order 19 appeal. Let\'s deal first with Order 18 appeals. First, we have an appeal from a decision of a State Courts Registrar to a District Judge. The procedure 15:46 Order 18, Division 2 of the Rules of Code 2021. 15:53 Documentation for such an appeal is very straightforward. All you need to do is to file written submissions limited to 35 pages in a bundle of authorities. These documents have to be filed by the timeline stated in Order 18. No other documents may be filed unless the account called orders otherwise. So documentation is very streamlined. Next, we have an appeal from a decision of a district judge or magistrate hearing any application, that is to say an interlocutory application. 16:23 or sneaking application or number three from an appellate decision of a district judge. 16:29 Such appeals are governed by Order 18, Division 3. The documentation and timelines here are essentially the same as for the first category. You essentially have to file written submissions and a bundle of authorities. The third category is governed by Order 19. These are appeals from decisions of a district judge or magistrate from a trial of an originating claim, an assessment or an account or from committal proceedings. These are more substantial proceedings, and the appellate procedure is therefore governed by the more 16:59 heavy-going Order 19. The relevant division within Order 19 to look at is Order 19, Division 2, and we\'ll look at the required documentation on the next slide. 17:12 This slide outlines the documentation required for the third category of appeals from the State Court, which are governed by Order 19, Division 2. Essentially, the appellant starts off by filing a record of appeal, an appellant\'s case, which are the appellant\'s contentions or arguments for the appeal, and an appellant\'s core bundle of documents. 17:34 These documents must all be filed within 28 days of the registry notifying the parties that a record of proceedings is available. Please note that there is a definition of what a record of appeal is and what it is to contain. For that, see the definition of the term in Order 19, Rule 3. There are also definitions of the core bundles and what they are to contain also in Order 19, Rule 3. Please also take note that there are page limits prescribed for these documents. 18:04 Thanks. 18:05 After the appellant has filed and served his documents, within 28 days after service, the respondent has to file his documents. These are a Respondents\' Case, which are the respondent\'s arguments for the appeal, a Respondents\' Core Bundle and a Respondents\' Bundle of Authorities. Please take note of the page limits. Then within 14 days of service, the appellant must file an appellant\'s reply if he wants to, which is limited to 20 pages. So that\'s the procedure in broad outline for an appeal that is governed by Order 19. 18:35 There are a number of other important points for you to note, such as the need to provide security for costs, the form for notice of appeal, the procedure where permission to appeal is required, and the required contents of the appellant\'s case, the respondent\'s case and the appellant\'s reply. The procedures are all mentioned in syllabus and I won\'t bring you through them because they are all self-explanatory. 18:59 Next, let\'s cover appeals within the Supreme Court system. At first, we\'ll cover appeals from a Supreme Court registrar or assistant registrar to the General Division of the High Court. 19:13 Procedure for this tier of appeal was set out in Order 18, Division 4. As you have already seen, the process for Order 18 appeals is very streamlined. Appeals commenced by filing and serving a notice of appeal. The timeline for appealing is 14 days from the registrar\'s decision on all matters in the application. In terms of documentation, you just have to file written submissions limited to 35 pages and a bundle of authorities. There are timelines for filing these submissions and bundles of authorities, and they are all laid out in Order 18, Rule 25. 19:43 five, I\'ll leave you to read them yourself. No other documents may be filed unless the appellate court orders otherwise. Have your next look at appeals from the General Division of the High Court to the Appellate Division of the High Court or the Court of Appeal. 20:03 Let\'s begin with an introductory point to orientate you through this segment of the lecture. The rules and procedures from this segment of the lecture can be approached or looked at from two interrelated dimensions. The first dimension concerns the type of appeal. As I already mentioned, there are essentially two types of appeals that may be brought to the Appellate Division of the High Court or the Court of Appeal. First, an appeal under Order 18, or more specifically, an appeal governed by Order 18, Division 5. 20:33 under Order 19, more specifically, Order 19, Division 3. The timelines and procedure for each type of appeal differ drastically. As mentioned already, the process and documentation for an Order 18 appeal is streamlined. Order 19 appeal is much more elaborate in terms of the documentation and timelines. The other related dimension is the appellate court to which you should appeal and to which you should apply for permission to appeal if permission to appeal is required. 21:02 There are two courts that you can go to from the General Division of the High Court, namely the Appellate Division of the High Court or the Court of Appeal. There are rules on allocation of appeals between these two courts that you need to know about and which we will cover later in this lecture. It is also possible for appeals to be transferred between the two courts and we will cover the process for transferring appeals between the two appellate courts later on in this lecture. 21:30 Having set out that introduction, let\'s first turn to consider the processes for the two types of appeals. 21:39 Let\'s begin with the process for an Order 18 appeal to the Appellate Division of the High Court or the Court of Appeal. As mentioned, such appeals are governed by Order 18, Division 5. The first point to note is the scope of appeals that come within Order 18, Division 5. The scope is set out in Order 18, Rule 26. I\'ll leave it to you to read that provision. You\'ll see that it essentially covers all appeals in relation to applications filed in an action 22:09 to appeals against decisions made in interlocutory matters. Next let\'s look at the process for seeking permission to appeal. To recap, to determine whether permission to appeal is required, I\'ve already mentioned earlier that you need to consider Section 29A of the Supreme Court of Judicature Act wrapped with the fifth schedule to the Supreme Court of Judicature Act to ascertain whether permission is required to appeal. If permission is required and if the appeal relates to an application in an action, you 22:38 follow the procedure set out in Order 18, Rule 29. Please note that the timelines that are set for filing an application for permission to appeal are set out essentially in the provision mentioned, essentially 14 days from the date of the lower court\'s decision to apply for permission to appeal. There are some adjustments if there is a request for further arguments, and so please read the provision quoted on the slide to understand the impact of a request for further arguments on the time for applying for provision. 23:08 permission to appeal. To commence the application for permission to appeal, you need to file an originating application in the relevant appellate court. So if your appeal will be made to the Court of Appeal under the allocation regime that we will cover later on in this lecture, you should file your originating application in the Court of Appeal. Conversely, if your appeal will be made to the Appellate Division of the High Court, your originating application for permission to appeal should be filed in the Appellate Division of the High Court. 23:38 With the originating application, you develop written submissions, any bundle of authorities and a bundle of documents limited to 25 pages. Written submissions themselves are subject to a page limit of 15 pages and they must be in the format prescribed in the practice directions 2021. Please read paragraph 126 of the practice directions in particular, as well as the forms referred to there to find out the format of the written submissions. 24:08 has 14 days to file its submissions and authorities as well as a bundle of documents. Please note that there are page limits set for these documents and please look at the provision on the slide. 24:22 It is important to note that no affidavit may be filed in application for permission to appeal unless there is permission given by the relevant appellate court. This means that the only documentary evidence that the appellate court will have will come from the bundle of documents that is to be filed with the application for permission and by the respondent to the application in response to the application. Next, let\'s look at the actual process for appeals under Order 18. The appeal itself is commenced by filing a notice of appeal. 24:52 timeline for appealing, please see Order 18, Rule 27. Please also see the provisions on the timeline for appealing where you have to sort and obtain permission to appeal. 25:09 Please also read these provisions with Order 18 Rule 3, which we discussed earlier, on when the time starts to run. Order 18 Rule 3 tells us when time starts to run, and then Order 18 Rule 27 will tell you the outer limit, in other words, the deadline for appealing. The appellant also needs to provide security for costs for appealing. For the modes of providing security in the quantum of security, please refer to Order 18 Rule 30. 25:39 It\'s quite straightforward, so I\'ll leave it to you to look up and read the provision. Next, we need to consider the documentation and timelines. The documentation and timelines are essentially the same as we covered earlier for Order 18 appeals from the state courts. The parties only file written submissions and bundles of authorities and nothing else. There are no bundles of documents that are filed. Please also refer to the provisions quoted on the slide and in the syllabus for the timelines for filing the submissions, as well as the page limits. 26:09 prescribed deadline the consequences. For the appellant, the consequences of the appeal will be deemed withdrawn. For the respondent, the consequence is that the respondent will not be allowed to make submissions at any oral hearing of the appeal. These are default consequences which apply unless the court orders otherwise. 26:30 Next, let\'s look at the process for an appeal to the Appellate Division of the High Court or the Court of Appeal under Order 19. The relevant division to look at within Order 19 is Order 19, Division 3. Let\'s begin with the scope of Order 19, Division 3. I\'ve set this out in the first column of this slide. The relevant provision to read is Order 19, Rule 24, which we read carefully with the definitions of the term, 27:00 which is also defined in Order 19, Rule 3. So please read the provisions and definitions very carefully. Reading them all together you will see that Order 19, Division 3, is essentially meant to cover appeals against decisions made after the substantive hearing or trial of an originating application or originating claim. They are essentially appeals that take place after a full-blown trial or full-blown hearing of an originating application. But please do read the 27:30 scope of appeals to come under Order 19, Rule 3. The next column sets out to come under Order 19, Division 3. 27:41 The second column on this slide sets out the procedure for seeking permission to appeal if the appeals report under Order 19. Again you need to look at Section 29A of the Supreme Court of Judicature Act which is revamped with the fifth schedule to the Act to figure out whether permission to appeal is required in the first place. If permission to appeal is required, these are the procedure to follow outlined in the provisions referred to in the slide. Won\'t go through them in detail because it\'s essentially the same procedure as applies 28:11 application for permission to appeal under Order 18. Essentially you need to file an originating application together with written submissions, authorities and a bundle of documents. Submissions are to be filed in a prescribed format and there is a page limit. The opponent then has a prescribed time to file his written submissions and authorities, again in a prescribed format and within the page limits. The procedure is quite similar to that which applies in an application for permission to appeal for an Order 18 appeal. 28:41 procedure for the actual appeal under Order 19. The appeal is commenced by filing a document known as Notice of Appeal. For the timelines for appealing, please look up the provisions I have quoted on the slide, which again should be read with Order 19, Rule 4, when the time for appealing starts to run. Please also note that the appellant needs to provide \$20,000 in security for costs for the other side. 29:09 This slide outlines the documentation required for an appeal under Order 19, Division 3. The process is broadly similar to an appeal under Order 19, Division 2 from the State Court to the General Division of the High Court, which we covered in an earlier slide, but the page limits and timelines are a little different, so please read the provisions very carefully. The process starts with the appellant filing a record of appeal, an appellant\'s case, an appellant\'s call bundle, and an appellant\'s bundle of documents. 29:38 Thanks for watching! 29:39 These documents must all be filed within 8 weeks after the registry notifies the parties that a record of proceedings is available. Please note again that there is a definition of what a record of appeal is and what it is to contain. For that again, look at the definition in Order 19 Rule 3. There are also definitions of the core bundles and what they are to contain. And please also note that the page limits are prescribed for the core bundle. After the appellant has served his documents, within 28 days, the appellant will be able 30:09 Days after that, the respondent files his documents. These are a respondents case, respondents call bundle, and a respondents bundle of authorities. Please again note the patient limits. 30:22 Within 14 days of service, the appellant must file an Appellant\'s Reply if he wants to, which is limited to 25 pages. This is essentially brought out like the procedure that applies for an appeal governed by Order 19, Division 3. Please read the provisions themselves very carefully for other important details, such as the contents of the appellant\'s case, the respondent\'s case and reply, as well as the consequences for not filing, the fees and the procedures that you need to follow if you wish to exceed the page limits. 30:52 Let\'s turn now to the other dimension that I referred to earlier, the introductory slug for this segment. There is the allocation of appeals between the Court of Appeal and the Appellate Division of the High Court and how appeals can be transferred between the two Appellate Courts. 31:14 First, let\'s consider the allocation of appeals between the two appellate courts. The key statutory provision to look at is Section 29C of the Supreme Court of Judicature Act, which you need to read with the sixth schedule to the Supreme Court of Judicature Act. Section 29C1 tells us the general rule, an appeal against a decision made by the General Division of the High Court in its civil jurisdiction is to be made to the Appellate Division. 31:42 This general rule, subject to the exceptions stated in Section 29C2, that subsection tells us that an appeal against the decision of the General Division is to be made to the Court of Appeal if the sixth schedule or any other written law tells us that a particular type of appeal is to be brought to the Court of Appeal. Thus, in order to identify the opponent court to which you should be filing your appeal or your application for permission to appeal, you need to very carefully read the sixth schedule. 32:12 you will see that it\'s worth it to focus on the nature of the case before the General Division rather than the issues that would be raised in the appeal. For example, paragraph 1a tells us that an appeal arising from the case relating to constitutional or administrative law should be brought to the Court of Appeal even if the appeal itself does not raise any issue relating to constitutional or administrative law. So we focus on the nature of the case as it was before the 32:42 Please also read the case mentioned in the syllabus, nor Arslin, to find out more about the regime for allocating appeals between the Court of Appeal and the Appellate Division of the High Court. 32:55 Next let\'s consider how an appeal that is filed to the Appellate Division of the High Court may be transferred to the Court of Appeal. We should consider the issue of transferring an appeal from three different perspectives. First, grounds of which an appeal may be transferred. Second, the means or mechanisms for transferring an appeal. Third, the timeline and procedure for making an application for transfer. First on the grounds for transferring, please see the first box on the left of the slide. 33:25 There are essentially three grounds for transferring an appeal. The first ground may be referred to for convenience as the wrong filing ground. This ground applies where an appeal ought to have actually been filed in the Court of Appeal because the sixth schedule of the Supreme Court of Judicature Act was actually engaged. However, the appellant wrongly filed the appeal to the appellate division of the High Court. So that\'s the first ground. The relevant provisions in the Supreme Court of Judicature Act and the Rules of Court 2021 33:55 help the first round I\'ll leave it to you to read the provisions. 34:00 The second ground for transferring an appeal filed in the Appellate Division of the High Court to the Court of Appeal is where it is more appropriate for the Court of Appeal to hear the appeal. I refer to this as a more appropriate ground or link. This ground is prescribed in the Rules of Court 2021. The Rules of Court also set out the matters that the Court of Appeal must consider in deciding whether the appeal may more appropriately be heard in the Court of Appeal. The list of matters will be found in the provisions mentioned on the slide. 34:30 The matters include whether the proceedings relate to matters of national or public importance. There is just one example, please refer to the provisions mentioned on the slides with the full list of matters. The third ground for transfer is where one or more issues in the appeal engage one or more matters set out in the sixth schedule. This ground is prescribed by the rules of court. To understand this ground, you just need to recall again the way that the sixth schedule is structured. The sixth schedule is structured in terms of the case that was before. 35:00 the General Division of the High Court instead of the issues that will be raised in the appeal. Thus, it is possible that a case before the General Division may not have engaged a six-gedule matter. In that event, the appeal should properly be filed in the Appellate Division first. However, after you\'ve filed the appeal, it may occur to you that on appeal the issues raised engage a six-gedule matter, for example, issues of constitutional law or administrative law. In such a scenario, the third round for transfer will be engaged. 35:30 The second perspective or dimension from which you should think about transfers is the mechanism or means for transferring an appeal. There are three means or mechanisms for transferring. First point to note is that in all three mechanisms for transfer, the control lies in the hands of the Court of Appeal and not the Appellate Division of the High Court or the parties. This means the power to transfer in all cases is exercised by the Court of Appeal. The first mechanism is by the Court of Appeal on its own motion. 36:00 appeal may do so on any of the three grounds. When we say the court\'s own motion, we mean the Court of Appeal may by itself and without there being an application, exercise its power to transfer to itself an appeal filed in the Appellate Division of the High Court. The second mechanism is by the Court of Appeal on a reference by the Appellate Division of the High Court. This too must be done on any of the three grounds but please note again that the control 36:30 the power to transfer lies with the Court of Appeal. What the Appellate Division of the High Court does is to refer the appeal to the Court of Appeal for the Court of Appeal to consider and decide whether the appeal should be transferred on any of the three grounds. The third mechanism for transfer is by way of an application by the parties. Such an application is to be made to the Court of Appeal and not the Appellate Division of the High Court. 36:55 you should note that a party may only apply to transfer and appeal on the wrong filing ground or on the more appropriate ground. 37:03 Let\'s turn finally to the timelines and procedures that you have to follow when a party is making an application for transfer. There\'s a box on the right hand side of the slide. I\'m referring here to the timelines and procedures of the third mechanism of transfer, namely the way of an application by a party. These timelines and procedures do not apply to the other two mechanisms for transfer. First, the timelines. The timeline depends on the ground for transfer, and there is some logic to the timelines. 37:33 if you think about the grounds carefully. If the appeal is being transferred on the basis that it was filed wrongly to the Appellate Division, the timeline is 14 days from the date of service of the Notice of Appeal. The deadline is set as flowing from the Notice of Appeal because you should be able to tell from the outset whether an appeal has been wrongly filed to the Appellate Division. It\'s because, as mentioned previously, the allocation regime inter-sacced schedule is designed based on the case before the General Division. 38:03 you do not need to wait to see the arguments being raised in the appeal before you can ascertain whether the appeal was wrongly filed. You should be able to figure this out from just understanding the case before the General Division. Thus, 14 days from the notice of appeal is adequate time for you to decide whether an appeal was wrongly filed. Next, for the more appropriate ground length, the timeline flows from the time when the party\'s arguments on appeal are crystallised. 38:33 after the party\'s submissions are filed for an Order 19 appeal because the substantive arguments are filed sequentially, you have 14 days from the time of service of the respondents case. The reason why the time for the more appropriate round flows from the arguments made on appeal is that you need to know what is being argued and what are the issues that are being raised before you can figure out whether it is really more appropriate for the Court of Appeal to hear the appeal. 39:03 or means it\'s by way of an application, you need to follow the general procedure for filing an application in the Court of Appeal. We\'ll cover this procedure later on in this lecture. For now, just note that the procedure for filing an application for transfer is the generic procedure that applies for filing any application to an appellate court. 39:26 In the previous slide, we considered how an appeal filed in the Appellate Division of the High Court will be transferred to the Court of Appeal. In this slide, we consider how an appeal that is filed in the Court of Appeal will be transferred to the Appellate Division. So it\'s the other way around. This direction on transfer may also be usedfully considered from three perspectives. First, the grounds of which an appeal will be transferred. Second, the mechanism or means of transferring the appeal. And third, the timelines and procedure for making an application to transfer. 39:56 So first on the grounds for transferring, see the first box on the left of the slide, there are again three grounds for transferring. First ground is similar to the first ground for transferring an appeal from the Appellate Division to the Court of Appeal. An appeal that is wrongly filed in the Court of Appeal will be transferred down to the Appellate Division. This ground applies where an appeal ought to have actually been filed in the Appellate Division because the sixth schedule was not at all engaged. However, the appellant may have wrongly filed the appeals 40:26 for a class for you. 40:29 The second ground for transfer is where the appeal was correctly filed to the Court of Appeal because the case in the General Division engaged the six schedule matters. However, the issues on appeal do not actually engage the six schedule matters. Again, to understand this ground, you need to recall the way that the six schedule is structured. To decide whether the appeal should be filed, you look at the case before the General Division. If the case before the General Division concerned a six schedule matter, you should file your appeal to the Court of Appeal. 40:58 actual issues on appeal do not engage any of the six scheduled matters, the appeal can be transferred down to the Appellate Division on the second ground. The third ground for transfer also pertains to the issues raised for appeal. Again, the case before the General Division may have engaged the six scheduled matters. However, on appeal there may also be issues raised that engage the six scheduled matters. However, the Court of Appeal may nevertheless transfer the appeal down if all the appeals, sorry, if all the issues raised on appeal. 41:28 engage six scheduled matters relate to issues of settled law. So the key to the third ground is that six scheduled issues raised on appeals are all matters of settled law. Next let\'s move to the second dimension which is considered in the middle box on the slide. The second dimension concerns the means or mechanism for transferring an appeal from the Court of Appeal to the Appellate Division. There are just two mechanisms here and both are controlled by the Court of Appeal. First is by the Court of Appeal on the Court of Appeal 41:58 and the Court of Appeal may transfer an appeal down to the Appellate Division on all three rounds. The only other mechanism is by way of an application by a party. Such an application is to be made to the Court of Appeal and can only be made on the wrong filing ground. For the other two rounds, a party cannot apply to transfer. It will be for the Court of Appeal to decide for itself on its own motion whether to transfer down an appeal that engages the other two rounds. 42:25 Let\'s turn finally to the timelines and procedure for applying for transfer. For this, see the box in the right of the slide. I\'m referring here to the timelines and procedure for the second mechanism of transfer, namely the way of application. The timelines again do not apply to the other mechanism for transfer, which is by the Court of Appeal exercising its power to transfer on its own motion. The timeline is straightforward, it\'s just one ground for making an application to transfer, 42:55 the High Court. The timeline is the same as the wrong filing ground mentioned in the previous slide. The timeline is 14 days from the date of service of the Notice of Appeal. The logic for this is again the same as applies. As I mentioned earlier, the allocation regime and the six schedules designed based on the case before the General Division. So you do not need to wait to see the arguments being raised in the appeal before ascertaining whether 43:25 filed, you should be able to figure this out from just the case as it was before the general division. Thus, 14 days from the date of the notice of appeal is adequate time for you to decide whether an appeal was wrongly filed in the court of appeal. 43:42 As for the procedure to follow, where the mechanism or means of transference by way of an application, again you need to follow the general procedure that applies for applications filed in the Court of Appeal and I\'ll cover this procedure later on in this lecture. We will next look at appeals from the Appellate Division of the High Court to the Court of Appeal. This is a further tier of an appeal after the appeal is decided by the Appellate Division. 44:10 I\'ll cover this slide quite quickly because the procedures are quite similar to an appeal from the General Division of the High Court level to the Appellate Division or the Court of Appeal. I\'ll just highlight the key points and the key points are different. And I\'ll leave it to you to look up the actual provisions for yourself. The first point to note is that there are restrictions on a further appeal from the Appellate Division of the High Court to the Court of Appeal. The first potential restriction is that there may be an absolute bar to bringing an appeal at all. 44:40 For the list of matters that cannot be further appealed from the Appellate Division to the Court of Appeal, please read section 46 of the Supreme Court of Judicature Act, together with the 9th schedule to the Supreme Court of Judicature Act. The other restriction is that if the Appellate Division matter that is being appealed is a decision that the Appellate Division has made in the exercise of its appellate jurisdiction, there is a requirement to obtain permission to appeal from the Court of Appeal first. 45:10 carefully. There\'s a prescribed criteria for granting permission. 45:16 This criteria is set out in Section 47.2, which is to be read with the relevant provisions in the Rules of Court 2021, which provide for further matters that are to be considered by the Court of Appeal in deciding whether to grant permission. The relevant provisions are all set out in the syllabus. Please look them up, as well as look up the procedures for applying for permission to appeal, as mentioned in the detailed syllabus. Please note that, as mentioned, the syllabus, the written submissions for the application 45:46 format that is set out in the Supreme Court Practice Directions 2021. The final point to note are the papers that are to be filed if you are granted permission to appeal. For an Order 18 appeal, the papers that are to be filed are straightforward. They are the same papers that you file in the first year Order 18 appeal. So you essentially just file within submissions and authorities. As for an Order 19 appeal, the papers you file in the further appeal are largely the same as the papers you would file in the first year 46:16 from the General Division. The exception is that you do not have to refile the Record of Appeal. The Record of Appeal that you file in the Appellate Division stands as a Record of Appeal in the further appeals of the Court of Appeal. You do have to file what is known as a Supplemental Record of Appeal. So please look up the provisions mentioned in the syllabus on what goes into a Supplemental Record of Appeal. 46:43 We will conclude this lecture with two further general points to note for appeals to the Appellate Division and the Court of Appeal. 46:50 The first point pertains to the procedure that applies in general to applications filed in the Appellate Division of the High Court and in the Court of Appeal. The procedures are broadly similar for applications filed in or in relation to Order 18 appeals and for applications filed in or in relation to Order 19 appeals. The process starts off by the applicant filing either an originating application or a summons to the Appellate Court in question. 47:19 An originating application is to be filed where there is no existing appeal. So you, for example, file an originating application if you\'re seeking permission to appeal or if you\'re seeking extension of time to file your appeal. In both examples, there wouldn\'t be an existing appeal. So if your application, conversely, if your application pertains to an existing appeal, you will file the application as it summons within the appeal case file. So for example, you\'re gonna be applying for permission 47:49 in an appeal, you would file your application for permission as a summons within the appeal case file. Either way, please note that you have to provide security for costs of the other party. I\'ll leave you to read up on the quantum from the provisions mentioned in the slide. Please also note that for striking out application, there is a time limit set for the filing of the striking out application. There\'s also a mandatory requirement for the applicant to file a supporting affidavit. 48:17 After the application is filed and served, the respondent with the application then has 14 days to file an affidavit in reply. Thereafter, there are no further affidavits to be filed. Next step is that the parties file written submissions limited to 35 pages. So that\'s the general procedure for applications. Please note that there are special rules and requirements that apply to applications for permission to appeal. For example, for applications for permission to appeal, there\'s a prohibition on filing affidavits. 48:47 to file a bundle of documents and the written submissions for permission to appeal application are to be filed in the form of the specific template prescribed in the practice directions. So please look up and read the relevant provisions carefully to understand the precise procedures that apply to applications for permission to appeal. 49:11 The final point to note is that fresh evidence may be provided to the appellate court in the appeal. There is a requirement for permission to be obtained from the appellate court if the evidence relates to matters in existence before the date of the decision that you are appealing. The appellate court will apply the well-established conditions known as the lead and martial conditions in deciding whether to grant permission. If the further evidence relates to matters occurring after the date of the decision you are appealing, 49:41 the Appendix Court, however the admission of the further evidence is still subject to permission from the Appendix Court. So please read the two cases that I mentioned on the slide which provide a clear and comprehensive account of the applicable procedures and principles. This concludes this lecture on appeals. B24 CIV - Further Arguments - **[General Division]** - Para 81 of the State Court PD 1. 2. a. b. c. d. e. f. 3. 4. - Statutory framework s29B SCJA 1. 2. a. b. 3. 4. a. i. ii. b. i. ii. - Procedure - O18 r28 1. 2. 3. 4. 5. - Para 112 Supreme Court PD 1. a. b. c. d. e. f. 2. 3. - Appellate Division and Court of Appeal - Finality of the court of appeal ▪No further arguments are to be made after: (i) the Court has heard the appeal and reserved its decision; and (ii) the Court has given its decision on appeal. ▪This applies unless the appellate Court otherwise directs. ------- ---------------------------------------- Flags Risk; \[\"mmStockIconFlagRed\", \"\"\] ------- ---------------------------------------- - O 18 r 38 and O 19 r 34 - Reliance on further evidence - **Further evidence could be admitted in further arguments if it was sought to be adduced in support of new arguments.** However, **where the further evidence was sought to support or strengthen previously raised arguments, that would not be permitted for it would be an abuse of process.** - - - 1. - Appeals - ▪Structure of the Rules of Court 2021 ("ROC 2021") Appeals Chapters. +-----------------------------------+-----------------------------------+ | **O18 - Appeals against | **O19 - Appeals against | | Interlocutory Applica\^ons** | Judgments/Orders** | +===================================+===================================+ | - - - - - - - - - | - - - - - - - - | | | | +-----------------------------------+-----------------------------------+ | [Divisions] | [Divisions] | | | | | - - - - - | - - - - | +-----------------------------------+-----------------------------------+ - ▪General provisions and considerations applicable to all tiers of appeal. **[\[Applicable to all tiers]**\] - ▪Is there a right of appeal? (s29 SCJA) No appeal against: Judgement/order is made by consent of the parties Order by judge made refusing further and better particulars order by judge giving permission to amend pleading Order by judge refusing security for costs Order by judge refusing interrogatories ------- -------------------------------------------------------------- Flags  Risk; \[\"mmStockIconFlagRed\", \"\"\] ------- -------------------------------------------------------------- a. 1. a. b. c. d. e. f. g. h. i. 11. j. k. l. 2. 3. 1. a. b. 2. a. b. - ▪If so, is permission to appeal required and if so, from which Court should permission be obtained? (s29A SCJA) 1. a. b. c. 2. a. b. 1. 2. 1. 2. a. b. 3. a. b. c. d. e. i. ii. f. g. h. i. ii. i. j. k. l. i. ii. iii. iv. v. vi. vii. viii. ix. x. m. 4. 1. 2. 5. 1. a. b. i. ii. 2. a. b. - ▪How does one commence an appeal or an application for permission to appeal? - **Must file and serve on all parties who have an interest in the appeal a notice of appeal in Form 35 within 14 days after the date of the Registrar's decision.** - O. 18 r. 17; 1. a. b. i. ii. 2. - O. 18 r. 24; - O. 18 r. 27; 1. a. b. 2. - O. 19 r. 14; 1. 2. - O. 19 r. 25. 1. a. b. 2. - ▪How much **time** does one have to appeal? - Court must determine all matters (including costs) before time starts to run (O19 r3) 1. 2. a. b. c. i. ii. i. ii. - Court must determine all matters (including costs) before time starts to run (O19 r4) 1. 2. - **[Appeal does not operate as a stay of enforcement]** : See Order 18, Rule 6 and Order 19, Rule 6 of ROC 2021. 1. 2. 3. 1. 2. 3. - **[Expedited appeal]**: See Order 18, Rule 11 and Order 19, Rule 9 of ROC 2021 ▪ Applies where the appeal is urgent or where there is a special reason. ▪ May be ordered on an application by a party or on the court's own accord. ▪ May be directed by both the lower Court or the appellate Court. 1. 2. 1. 2. - **[Appeals between different courts]** - ▪Appeals from decisions made in the **[State Courts.]** - Governed by O18 - \(I) From State Ct Registrar to DJ - Governed by: Order 18 Div 2 Time for appealing and how to appeal: 14 days; Notice of Appeal in Form 35 -- see O. 18 r. 15 Documentation and Timelines: 35 page written submissions and bundles of authorities. 14 or 28 days from the prescribed events -- see O. 18 r. 16(5). \(II) From DJ/Mag hearing any application, OA or DJ hearing appeal from State Ct Registrar to GDHC - Governed by: Order 18 Div 3. Time for appealing and how to appeal: 14 days; Notice of Appeal in Form 35 -- see O. 18 r. 17 Need \$3,000 or \$5,000 in security for costs -- see O. 18 r. 20 Documentation and Timelines Same as for State Ct Registrar to DJ -- see O. 18 r. 21 Governed by O19 - \(III) From DJ/Mag hearing trial of an OC, assessment/account or committal to GDHC - Governed by: Order 19 Div 2 Time for appealing and how to appeal: 14 days; Notice of Appeal in Form 35 -- see O. 19 r. 14 Need \$3,000 or \$5,000 in security for costs -- see O. 19 r. Documentation and Timelines: - ▪Appeals against decisions of the **[Registrar of the Supreme Court.]** - ▪Appeals from the General Division of the High Court ("GDHC") to the Appellate Division of the High Court ("ADHC") and the Court of Appeal ("CA"). - GDHC TO ADHC OR CA: O. 18 DIV. 5 - Scope of Order 18 Div. 5 - Process for permission to appeal - Process for appeal - GDHC TO ADHC OR CA: O. 19 DIV. 3 - Scope of Order 19 Div. 3 - Process for permission to appeal - Process for appeal - O19 r30-32 - ▪Appeals from the ADHC to the CA. - Grounds - Wrong filing - More appropriate - Issues on appeal - Means of transferring - CA\'s own motion on all 3 grounds - By CA on a reference by ADHC on all 3 grounds - By CA on an application by a party but only on the \"wrong filing\" ground or the \"more appropriate\" ground - Procedure (for applications) - Timeline for an application under the "wrong filing" ground: - Timeline for an application under the "more appropriate" ground: - Procedure for applications to transfer - Transfer from CA to ADHC - Grounds - Wrong filing: Appeal was not made to the CA in accordance with s 29C SCJA - Issues on appeal do not engage 6th Schedule: - Issues on appeal in relation to 6th Schedule matters relate to issues of settled law: - Means of transferring - By the CA on the CA's own motion on all 3 grounds - By the CA on an application by a party but only on the "wrong filing" ground - Procedure (for applications) - Timeline for an application under the "wrong filing" ground: - Procedure for applications to transfer: - ADHC transfer to CA - Note the restrictions on a further appeal from the ADHC to the CA - If permission is required, note the procedure for seeking permission: - If permission is obtained and an appeal is to be filed, note the papers that are to be filed - Other issues: Applications (In General) - Note that additional/ special requirements apply to applications for permission to appeal -- see O. 18 r. 29/ O. 19 r. 26 ------- ---------------------------------------- Flags Risk; \[\"mmStockIconFlagRed\", \"\"\] ------- ---------------------------------------- - **[Other issues: fresh evidence]** - See sections 41(4)--(5) and 59(4)--(5) of the SCJA and Order 18 Rule 8(6) and Order 19 Rule 7(7) of the Rules of Court 2021 (see the test of "special grounds"). **BNX v BOE conditions: First, [ascertain what the relevant matters were, of which evidence was sought to be given,] and [ensure that these were matters that occurred after the trial\* or hearing below;]** **Second, [satisfy itself that the evidence of these matters was at least potentially material to the issues in the appeal;] and** **Third, [satisfy itself that the material at least appeared to be credible.]** - - - - - - 1. 2. 3. - Ladd Marshall conditions: firstly, It must be shown that the evidence could not have been obtained with reasonable diligence for use at the trial; Secondly, the evidence must be such that, if given, it would probably have an important influence on the result of the case -- thought it need not be decisive; Thirdly, The evidence must be apparently credible, though it need not be incontrovertible - Anan Group (Singapore) Notwithstanding not meeting Ladd Marshall requirements, the court still could admit fresh evidence: First, where new evidence revealed fraud perpetrated on the court below; Second, where a party was prevented from adducing fresh evidence during the hearing below in circumstances akin to denial of natural justice; Third, where the subject ma\^er of the dispute was such that the stakes were particularly high or where there was a greater public interest involved, such as in child welfare or criminal proceedings. Anan Group Two -step analysis: **First, [the court should consider the nature of the proceedings below] and [evaluate the extent to which it bore the characteristics of a full trial. ]** **Second, [the court should determine whether there were any other reasons for which the Ladd v Marshall requirements ought to be relaxed in the interests of justice,] with reference to the three categories set out above** - - - - - - - - - -